Social services departments could face being taken to court by the newly formed Disability Rights Commission over mental health and adoption services that discriminate against disabled people, legal experts have warned.

Councils are particularly vulnerable to high court challenges by service users with mental health problems who often receive a lower standard of service compared with people with physical disabilities.

The warning shot follows last week's launch of the long-awaited commission which has wide-ranging powers to take public and private sector employers to court or tribunal if they breach the Disability Discrimination Act 1995.

"This is definitely an issue for social services," said legal officer at Radar Samantha Fothergill, who added that the level of services provided to people with mental health problems was often lower than those for people with physical disabilities.

Adoption services could prove another legal hot spot if disabled parents can show they are being excluded as potential adopters because of their disability, added Fothergill.

Social services departments could also come under fire for taking too long to make "reasonable adjustments" for disabled people, required under the 1995 Act. According to Fothergill this could be centred around the time it takes to send out council tax bills in Braille for visually impaired service users.

Bert Massie, chairperson of the 15-member commission, last week warned social services directors that it would be paying close attention to local authority services for disabled people. "There need to be basic support mechanisms such as a personal assistant to help them get dressed in the morning," said Massie at a launch attended by the minister for disabled people Margaret Hodge. "You clearly can't ignore social services provision in creating a better society for disabled people," he added.

As first revealed in Community Care Massie warned employers and social services departments that it would not hesitate to "use the argument of force" if necessary.

Disability charities have already compiled a dossier of potential cases of discrimination for the commission to tackle, said Massie.

But Massie was keen to play down speculation that the commission will be a lawyer's bonanza and stressed that it will aim to settle out of court if possible. One option will be entering a legally binding agreement with an employer to ensure they change any discriminatory policies against disabled employees or service users.

Social services directors have pledged to work closely with the commission. They met Massie earlier this month and plan to develop a code of good practice for social services directors dealing with service users as well as a protocol for dealing with complaints.

Ian Davey, chairperson of the disabilities committee of the Association of Directors of Social Services, welcomed the commission and admitted that the quality of local authority services for disabled people did vary from region to region.

In May, the commission will launch a consultation on a statutory code of practice for service providers to ensure disabled people's access to goods, services and buildings. This relates to part three of the 1995 Act due to come into force in 2004 banning discrimination in the provision of services, goods or facilities.